FURTHER ORDERED that, there being no interference-
in-fact, judgment on priority as to Count 1, the sole count in
the interference, is awarded in favor of junior party CHERYL
DAVEY and LAWRENCE T. MALEK and senior party JAMES L. BURG,
PHILIPPE J. POULETTY, and JOHN C. BOOTHROYD;
FURTHER ORDERED that junior party CHERYL DAVEY and
LAWRENCE T. MALEK, is not entitled to a patent containing
disclaimed claims 11 to 14 of U.S. Patent 5,554,517;
FURTHER ORDERED that, on the record before us,
junior party CHERYL DAVEY and LAWRENCE T. MALEK, is entitled
to a patent containing claims 1-5, 8, and 15 of U.S. Patent
5,554,517, which correspond to Count 1 and senior party JAMES
L. BURG, PHILIPPE J. POULETTY, and JOHN C. BOOTHROYD is
entitled to a patent containing claims 1-3 and 11-63 of U.S.
application 08/427,606, which correspond to count 1;
FURTHER ORDERED that a copy of Paper 17 filed by
Davey and disclaiming claims 11 to 14 (copy attached) be
entered in the administrative record of Davey's 5,554,517
patent;
FURTHER ORDERED that if there is a settlement
agreement, the parties are directed to 35 USC § 135(c) and
37 CFR § 1.666;
7
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